Zalewski v Adjudication Office & ors

Adjudication Officer , THE WORKPLACE RELATIONS COMMISSION, IRELAND AND THE ATTORNEY GENERAL

3.�������� On the advice of his solicitor, Mr. O'Hanrahan, Mr. Zalewski brought a claim to the WRC, claiming unfair dismissal under the Unfair Dismissals Act, 1977 (�UDA 1977�), and Payment of Wages Act, 1991 (�PWA 1991�). These were to be dealt with by an adjudication officer, appointed by the Minister under s.24 of the Workplace Relations Act, 2015 (�WRA 2015�), with the powers set out in s.40 of that Act.

6.�������� What happened then can only be described as truly bizarre. Mr. O�Hanrahan was informed that a decision had already been made in his client�s case. The AO apologised, saying the hearing had been given an adjourned date in error. She had issued her decision in the previous week, and the scheduling office had made an error in arranging a hearing for that morning. This situation became truly Kafkaesque, when a number of days later Mr. O�Hanrahan received a copy of what purported to be the AO�s decision.

�The complainant did not contradict the respondent�s, (i.e. the employer�s), evidence, that the meeting of the 12 th April, 2016, was called by the respondent to discuss issues concerning the store, and his role as assistant manager�.

�The complainant and his legal representative did not advance any argument or evidence at the hearing as to why they considered the dismissal to be both �procedurally and substantially unfair� as stated in the complaint form.